Annulment

Question 1

Methods in Terminating a Marriage

Answer 1

• Annulment
• Divorce
• Legal Separation (functional equivalent)

Question 2

Explain an annulment

Answer 2

• available for defective marriages** that are legally **void** or **voidable
• even if a marriage is defecitve, may NOT be granted if children** have been **born** or are **to be born as a result of the marriage

Question 3

List some examples of where an annulment would be appropriate

Answer 3

• bigamy/poligamy
• consanguinity
• insufficient age, incurable physical impotence
• lack of capacity
• mental incompetence
• duress
• fraud

Question 4

Explain a void marriage:

Answer 4

• null** from its **inception
• failure to meet the essential requirements of a marriage
• can be attacked by one of the spouses or by a third party
• cannot be ratified

Question 5

Explain a voidable marriage:

Answer 5

• occurs when there is an event or condition that affects** the **adequacy** of **consent to the marriage contract
• valid until annulled
• may be attacked only by or on behalf of a party to a marriage
• may be ratified (e.g., cohabitation after removal of the infirmity)

Question 6

What is the effect of an annulment

Answer 6

• marriage is set aside–treated as if it never existed
• alimony is available
• child support** and **child custody handled like divorce cases